FROM COURTROOM PROMISES TO GROUND REALITY:HOW FAR THE COURTS GO TO UPHOLD THE JUSTICE FOR PERSON WITH MENTAL ILLNESS:

“Far too many people come into contact with the legal system due to  underlying mental health needs. Traditional responses within our  justice system often leave these issues unaddressed.”¹ 

INTRODUCTION: 

Mental health is no joke in the 21^st century, and in today’s world, how do the people who have mental illness get  justice? Are they really getting justice? Or are they being ignored? Does the Indian judiciary system really care  about the justice of the mentally ill person? Or are they being fooled? Let’s see, we have the Mental Healthcare  Act 2017 to provide mental healthcare and services for persons with mental illness (PMI), protect and promote  their rights, and ensure these are accessible, affordable, and of good quality; NALSA (National Legal Services  Authority) provides a mechanism for mentally ill persons (often marginalized, poor, and voiceless) to actually  access courts and protect rights, and we have many more, yet persons with mental illness remain among the  most marginalized in accessing justice. 

LEGISLATION IN INDIA: 

In India the most important legislation for mentally ill person is the Mental healthcare act 2017, the root for this  act began with India ratifying the United Nation Convention on the Right of Person with Disabilities  (UNCRPD) reform of it’s prior legislation Mental healthcare act 1987. The MHA 2017 have established the  Mental Health Review Board (MHRB) and Central and State Mental Health Authorities for the regulation of  mental healthcare services, the effectiveness of these boards and authorities are still developing. 

EVOLUTION OF MENTAL HEALTH JUSTICE: 

In the case of Sheela Barse vs Union of India 1986 , the court held that mentally ill prisoners must be kept in  appropriate institutions with medical care, not in jails. Directed regular inspections and safeguards for their  dignity. This case was the landmark case for the Mentally ill person, the next important decision was taken by  the Supreme court of India in the case of P Rathinam vs Union of India 1994 struck down section 309 of IPC  and held that right to die is a part of article 21 and in contrary to this case, in the case of Gian Kaur vs state of  Punjab 1996 it gave a contrasting judgement and criminalised section 309 but clarified that right to life includes  dignified existence, not right to die. And when MHA 2017 came into existence Sec. 115 decriminalised suicide  attempts, recognising stress and directing care instead of punishment. In the recent case of Sukdeb Saha v. State  of Andhra Pradesh (2025) the death of a 17 year old NEET aspirant brought the spotlight of the entire nation to  mental health, in this controversial case the court held mental health is integral to Art. 21, issued binding  guidelines to educational institutions for safeguarding psychological well-being of students, and transferred  investigation to CBI. Through these cases we can see the role of judicial activism. Despite judgments, under  

SUGGESTION: 

Though we have strong legislation like the Mental Healthcare Act 2017 and legal aid clinics, which help  mentally ill persons to avail advocates easily, we still lack, and there is inefficiency in all this. There are still  people struggling to get justice and still people inside the prison when they should be in a psychiatric ward. To  strengthen the system, there should be Full resourcing and operationalization of Mental Health Review Boards  in every state (independent review of involuntary admissions), Mandatory in-hospital/free legal-aid clinics in  psychiatric hospitals; training NALSA lawyers in mental-health law. (The model already exists at NIMHANS  and in NALSA guidance.) Clear guidelines/protocols for police & prosecutors about Section 115 (no  prosecution; care & rehabilitation duty) and court rules to provide reasonable accommodation for PWMI  (persons with mental illness) during prosecutions and civil litigation (adjournments, support persons, simplified  procedures). 

HOW TO HELP: 

Name of the helpline	Number	Purpose
Tele - Manas	14416	Mental health support
Psycho-social, First-aid &   counselling helpline	8448-8448-45	Mental health support
KIRAN	1800-5990019	Mental health support and   rehabilitation
National Institute of Mental Health  and Neurosciences (NIMHANS)  Helpline	080-46110007	provides medical advice,   counselling, and rehabilitation2

These helplines provide help for people who need it; don’t ignore or avoid their problems, be a safe space for  them, and help them. 

CONCLUSION: 

While Indian courts have affirmed that mental health is part of the right to life and dignity, the gap between  legal rights and lived reality remains wide. True justice for mentally ill persons demands not only progressive  judgments but also effective implementation, stronger legal aid, and a collective effort to break stigma. Only  then can rights move from paper to practice 

REFERENCES:

¹ Center for Justice Innovation, Mental Health Is Justice, Innovating Justice (visited Sept. 19, 2025)  https://www.innovatingjustice.org/mental-health-is-justice/

trial prisoners still languish, review boards under MHCA are under-functioning, and legal aid access remains  weak. 

² Ministry of Social Justice & Empowerment, Department of Empowerment of Persons with Disabilities, Helplines,  https://depwd.gov.in/en/others-helplines/